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Abeethakujambal (AO)     22 April 2014

Legal advice please!!

Dear Sir,
    I would be very thankful to you, if you kindly answer my following queries about a property dispute in our family in CHENNAI:-
    I am an old man(80 yrs.old) and I have 1-son and 3-daughters. My wife died some 20-yrs. ago. I have
1-ground of land in T.NAGAR(bought in my wife's name-current market rate: RS.6C) and 1-ground of land at 
AMBATTUR bought in my name-current market Rate:  Rs.1C), CHENNAI.
 
    Because of my ageing, I made  a Family-Settlement-Deed in 1995 for giving  1/2-UDS each(for my son & last daughter) in my T.NAGAR land(old house is there) and 1/2-UDS each for my first-two-daughters in
the AMBATTUR land.  My son and 3-daughters(all are married) signed the Family-Arrangement-Deed in 1995. It was ONLY NOTARIZED, AND NOT REGISTERED(AS PER THE ADVICE OF OUR ADVOCATE). The
2-daughters have constructed 4-flats in that land and they have been enjoying the same for the past 15-yrs.
 
    Now I want to construct a new bldg. in my T.NAGAR land and for  that I had to register the Family-Arrangement-Deed.
 
    In this scenario, I would be very thankful to you, if you kindly clarify the following points:-
 
    1)Is  it possible to register the old Family Arrangement Deed now,  which was signed by by son and        
       daughters in 1995? Any direct / indirect methods available now? If yes, kindly explain the same.
 
    2)What are the different ways to avoid giving the 2-daughters,  their due share in both the properties?
 
    3)What is the legal standing of 2-daughters as regards the AMBATTUR  land in the absence of a clear    
       document?
 
    4)Does a  daughter have the right to equal property, if the properties are in mother's name and father's
       name?
 
Expecting an early reply. Thanks.
 
--KUZHANDAISAMY,CHENNAI.
 
 


Learning

 14 Replies

Dr J C Vashista (Advocate)     23 April 2014

Since the property was your self acquired you can dispose it of as you wish. However, the notarised family settlement deed  is valid and it can be reistered at it is. Contact a local lawyer

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     23 April 2014

Question No-1 

Answer- It is not possible   Now  (the Old Family arrangement  Deed registration) 

Question No-2

Answer : The  T-Nagar property was in the name of  your wife,  now she died so you and your children are I Class legal heirs of your wife, all are entitled  1/5 share of the property, so you never skip any one for any action ( all are having equal right over the property)

   Question No-3 

Answer :    Ambathur property is your self acquired property so you can dispose it of as you wish.

 

Question No-4 

Answer  _ Yes daughters are having equal right over the property of your wife now 

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     23 April 2014

Question No-1 

Answer- It is not possible   Now  (the Old Family arrangement  Deed registration) 

Question No-2

Answer : The  T-Nagar property was in the name of  your wife,  now she died so you and your children are I Class legal heirs of your wife, all are entitled  1/5 share of the property, so you never skip any one for any action ( all are having equal right over the property)

   Question No-3 

Answer :    Ambathur property is your self acquired property so you can dispose it of as you wish.

 

Question No-4 

Answer  _ Yes daughters are having equal right over the property of your wife now 

Biswanath Roy (Advocate)     23 April 2014

Rightly opined by Learned Joykumar.   I endorse his views.

Abeethakujambal (AO)     23 April 2014

Dear Sirs,

    Thanks for your kind replies.

    But my 3rd query was as follows:- Does the two daughters who were given the AMBATTUR property with E.B. and water connection in their names, have been enjoying the property for the past 15-yrs. By virtue of which, whether they are the real owners now, in the absence of a proper registered title document?

    Kindly clarify the same. Thanks.

--Kuzhandaisamy, Chennai.

Abeethakujambal (AO)     23 April 2014

Respected experts,

    I would be very thankful to you, if you kindly reply for my above said query. Thanks.

--Kuzhandaisamy, Chennai.

Sarika (Supervisor)     24 April 2014

Hello Sir,

 

We are 1 brother and 2 sisters. My parents have a propert worth 2 Crores. My father died 4 years back . so my brother asked us to sign the property in Mother's name which we did without any question. So the whole property is now in my mothers name. Now my brother is blackmailing her to sign a gift deed in his name or he would Suicide and giving her other threats. My mother wants to give the daughters share in the property but is helpless. He will be taking her to Registrar Office on 7May . Can we do something to stop him or can we send any notice on the property so that he can not alter/change any thing related to Property.

 

Thank you so much!

Biswanath Roy (Advocate)     24 April 2014

@ Sarika, You may lodge a written complaint in the Police Station against your brother that he is trying to grab the property in your mother's name posing threat and under duress. Send a copy of the complaint to the Registrar requesting him not to register any deed or document of your mother in absence of your presence.
1 Like

Abeethakujambal (AO)     24 April 2014

Hello Ms.Sarika,

    Kindly do not post your problems AS A REPLY TO MY QUERIES.  Please post it as a new discussion, so that some expert will answer your queries. Thanks.

T. Kalaiselvan, Advocate (Advocate)     24 April 2014

@Abeethakujambal: The answer to your third query is :

Your query: 3)What is the legal standing of 2-daughters as regards the AMBATTUR  land in the absence of a clear document?

This  property was bought by you and you are still the owner of it, you can issue a notice asking your daughters to vacate the land and hand over vacant possession to you and in addition you can also demand rental charges for using the land so far from the date of their occupation.  However, since you have decided to distribute your property as well s your wife's property among all your four children, also since this Ambattur property was already given to your daughters (two of them) and they have constructed four flats in it, ask them to sign a release deed relinquishing their rights over the T Nagar property which you intend to give it away to your son and another daughter, after which along with your own release deed,register the said property on their names and make a gift deed of this Ambattur property on the names of your daughters and get it registered on their names, this will be an easy solution to your present problem.

Ashwin H Kumar (Advocate)     25 April 2014

Sir,

Is the Rule of Strict Liability & No Fault liability the same?

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     26 April 2014

As for as the Ambattur property is concerned still you are the absolute owner since the document executed infavour of your 2 daughters were not legally executed and got registered. Your daughters have no right over the Ambattur property in the eye of law either on the basis of the unregistered document or on their possession for 15 years. They can't claim any adverse possession as strangers.

As for as the T.Nagar property is concerned if u r able to prove that the said property was purchased from the source of your income you can claim absolute right. Otherwise you along with your children claim share as legal heirs of your wife.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     26 April 2014

@Abithakujambal:-

As for as the Ambattur property is concerned still you are the absolute owner since the document executed infavour of your 2 daughters were not legally executed and got registered. Your daughters have no right over the Ambattur property in the eye of law either on the basis of the unregistered document or on their possession for 15 years. They can't claim any adverse possession as strangers.

As for as the T.Nagar property is concerned if u r able to prove that the said property was purchased from the source of your income you can claim absolute right. Otherwise you along with your children claim share as legal heirs of your wife.

Abeethakujambal (AO)     09 May 2014

Dear Experts,

     Can you please clarify my following doubt:-

          Suppose if I do not want to give equal share in my T.NAGAR property to all my son & daughters, whether they can go to court  for the same? Kindly explain the same.Thanks.


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